OMB hearing for Pointe Estates set for November

With orders given, roles assigned and a template to begin, the Ontario Municipal Board has set aside three weeks to hear a developer's appeal into a city council planning application known as Pointe Estate subdivision.

The pre-hearing, before OMB Chair Blair Taylor, gathered the parties to rid of preliminary matters and organize the hearing.

The appeal of the July 2013 planning application decision by city council was filed by property owners Jeff and Dr. Patricia Avery after city council rejected the application – and the city planning director's recommendation – to allow a 91-lot subdivision to be built on 100 acres of property in the Pointe aux Pins area.

The planning application centred on the proposed development between Pointe Aux Pins Drive, Dalgleish Road and Alagash Drive and Pointe Louise Drive.

City council denied the rezoning and Official Plan amendment application in a 7-4 recorded vote that would allow the proposed development to proceed, mainly because several claimed they still had unanswered questions about how – or if – the development will affect the neighbours, their water and natural habitat if the wetlands are partially developed.

But the wetlands have not been designated by the province as provincially significant, something opponents of the development, say is not right.

The hearing itself could take up to three weeks and it's expected a wealth of technical information by noted experts will be presented.

The hearing itself will include evidence and arguments from four main camps – the developer, city council, the Pointes Protection Association and the St. Mary's River Bi-National Advisory Council (B-PAC).

The Pointes Protection Association, an incorporated group of about 30 families from the Pointe aux Pins neighbourhood, received standing undisputed.

The St. Mary's River B-PACs request for standing was unsuccessfully opposed by the developer's lawyer Orlando Rosa.

Rosa argued that organizations need to be incorporated to appear before the board and in this case, B-PAC had no direct interest in the proceedings.

He also argued that B-PAC wants to relitigate the findings of the Conservation Authority and the issue of whether the wetland property is, in fact, provincially significant.

“That issue has already been determined by the Conservation Authority and a divisional court,” Rosa said.

B-PAC representative Klaus Oswald countered that his organization participated in the planning hearing before city council, has been a non-profit group formed to advise the government and public on remedial efforts of the St. Mary's River and has expert knowledge it can contribute to the hearing.

It's also been determined that B-PAC is expected to file a motion with the OMB to deal with another contentious issue between the organization and the developer, prior to the full appeal hearing.

A settlement was reached in a divisional court application between the Pointes Protection Association, the Sault Ste. Marie Region Conservation Authority and developer Jeff Avery last October.

But B-PAC wants to reopen the issue as to the significance of the wetlands and is expected to ask the OMB to hear the arguments.

Rosa objects to the motion and argues that the divisional court findings should not be reviewed or appealed to the OMB.

It's expected that the motion will be dealt with prior to the formal appeal, either in person or by teleconference.

The Pointes Protection Association had opposed the Conservation Authority board's Dec. 13, 2012 decision that determined the wetlands on the proposed development site are not provincially significant and appealed the matter to the divisional court.

The settlement agreement reached between the two parties, most of which has been kept confidential, resulted in an agreement 10 months later stipulating that the parties cannot address the issue again. In addition, the Points Protection Association cannot take any further court action seeking similar relief to which it had requested in the notice of motion and the developer will not pursue legal costs against the association in connection with that matter.

The development plan, which has attracted significant community interest, is labeled a low density development and the vast green space between each lot – ranging from 1.24 acres to 2.35 acres – is a low density development, differing greatly from the much higher density waterfront homes on smaller lots that exist in the area now.

The plan includes facilities for boat storage and boat launches and lifts.

It also calls for a riparian buffer zone, which means the condominium corporation would own the shoreline property and ensure it can be properly maintained and protected from erosion.

The developer argues that the development will increase the flow throughout the waterway system, bringing a new style of living to Sault Ste. Marie.